Welcome, please feel free to browse our store. 18/04/2019

Main Section - Terms And Conditions Of Use


All goods are supplied by us subject to these Conditions, which supersede
any earlier sets of Conditions and which shall override any terms or
conditions stipulated, incorporated or referred to by the Buyer, whether
in the order or in any negotiations. The relaxation or waiver by us of any of
these Conditions on any occasion shall act merely as a waiver on that
occasion and shall not effect our right to enforce any of these Conditions
on any subsequent occasion. Any variation of these Conditions must be
confirmed in writing by us and will not otherwise be valid. No order shall be
deemed to have been accepted by us unless it is accepted by us in writing.
Any description given by us of the goods is given by way of identification
only and the use of such description shall not constitute the contract
a sale by description.

All prices expressed on the website are exclusive of VAT. A Delivery
charge is added at the checkout . Any quotation, if not previously
withdrawn, will hold good for any order made pursuant to it within sixty
days of its date. Subject to this, all orders are accepted for execution
at prices current at the date of despatch. Listed prices are subject to
change or withdrawal without notice. No discounts will apply other than
those set out in our standard price list.

Payment is taken in full at the checkout. Goods will only be despatched once we have
received full payment. Our current delivery time is 1-5 days, depending on the
service you choose. We currently use XDP, DHL and Parcelforce for our package
deliveries and Aztek Logistics for our pallet delivery.

Terms of payment are strictly nett cash with order unless a credit account
has been established with us. Where a credit account has been established
with us, payment must be made for each instalment of goods delivered within
30 days from date of invoice (whether the goods are delivered are the
whole or only part of the goods ordered). We reserve the right at our
complete discretion to refuse to establish a credit account for any
Buyer, to refuse credit to any Buyer notwithstanding that a credit account
may already have been established and to withdraw established
credit account facilities. Without prejudice to our other rights, interest at
Two per cent, above the current base rate of Barclays Bank PLC per calendar
month (running from day to day) shall be payable on any payment which is
more than 30 days overdue until actual payment.

Our returns policy is in addition to your legal rights.
If you buy a product which we deliver to you, you may cancel your
order (or any part of it) for any reason before delivery or within 28 days after
delivery by returning the product to our Stevenage site. This is subject to the
following conditions: The product must be unused, as new, in saleable
condition and returned with the original product packaging.
You will receive a full refund of the price paid (excluding relevant
delivery charges), less any collection charges (if any).
If the product you purchase is faulty, we may offer a repair, exchange
or refund as appropriate in accordance with your legal rights.
Please call us on 01438 723383 to arrange.

In the event of cancellation of this order we reserve the right without
prejudice to charge up to 100% for stock held by us pending shipment,
and up to 50% for the remaining balance. We may also impose
a back billing charge for part cancellation if the reduction in
quantity radically affects the pricing structure.

No contract shall be invalidated because of printing or clerical errors.

Any time or date quoted by us for delivery is given and intended as an
estimate only. Whilst every endeavour will be made to meet an estimated
time for delivery, we shall not be liable to make good any damage
or loss whether arising directly or indirectly out of delay in delivery.
Non-delivery within 7 days of the date of dispatch must be reported
immediately in writing to us and to the carriers.

Any weights or sizes stated on this website are intended as a guide
only. The colours shown on this website may vary in appearance. If the colour
is critical to your purchase we suggest you contact us prior to
purchase. We shall not be liable to make good any damage or loss whether
arising directly or indirectly from the said weights,sizes or colours.

We will replace free of charge goods damaged or lost in transit provided
the Buyer gives written notification of such damage or loss within 3 days
after delivery and time shall be of the essence.
Delivery back to Here and Now Distribution Ltd will be at your cost.

When the Buyer examines the goods before delivery is effected, he
shall have no further right to inspect upon arrival, other than to
notify us of any loss or damage in transit.
When the goods are delivered to the Buyer without previous
examination by him, he shall inspect them immediately on arrival
and shall within 14 days from such inspection give written notice to us
of any matter or thing by reason of which he may allege that the goods are
not in accordance with the contract. If the Buyer shall fail to give such notice
the goods shall be deemed to be in all respects in accordance with the
contract and the Buyer shall be bound to accept and pay for
them accordingly.

Until the Buyer makes payment in full for the goods he shall at all times
keep them in his possession and control and shall not remove from the
United Kingdom without our consent and will not sell otherwise dispose
of or deal with the goods. Upon payment by the Buyer for the goods in full
(together with any interest payable) the property in the goods shall pass to
the Buyer but until such time the goods shall remain our sole property and
the Buyer shall be a mere bailee thereof. As from the time of
the delivery of the goods to the Buyer the risk of any loss or damage to
t he goods from whatever cause arising shall be borne by the Buyer.

The Buyer shall not remove alter or otherwise interfere with the marks
or numbers on any goods supplied by us.

If the Buyer makes default in any payment on the due date (time being
of the essence) or is otherwise in breach of any of these terms, or if
(being an individual) he commits an act of bankruptcy or has a
receiving order made against him or (being a company) enters into
liquidation (whether compulsory or voluntary) or has a receiver or manager
appointed of the whole or any part of its business or undertaking, or if
distress or execution is levied or threatened upon any of the Buyer' s
property, then in any such case (and without prejudice to any other rights
we may have):- (i) we shall be entitled to repossess and re-sell goods
delivered to the Buyer and not paid for in full and for that purpose to enter
upon the property in which they are situated; (ii) we shall be entitled either
to suspend all further deliveries to the Buyer until the default is made good
or to refuse to deliver any further goods to the Buyer and to re-sell
any further goods ordered by the Buyer (whether they are the balance of an
order or the whole of a further order); (iii) the Buyer shall in any event be
liable to make good to us our loss of profit on all such goods and costs and
expenses of repossession, storage, insurance and sale and to pay us
interest as
provided above until actual payment.

12. Winter Care
Your Water Butt must be emptied if there is a risk of frost/freezing
temperatures. We will not accept any claims for a refund/exchange
for split Water Butts if do not adhere to this instruction.

13. LIEN
In the event of the Buyers insolvency we shall be entitled (in addition to
any lien arising by law) to a general lien on all the Buyer's goods in our
possession (although the same or some of them may have been
paid for) for any money due either in respect of such goods or
in respect of any general or particular balance or other money
due from the Buyer to us, whether under the same or any other order.

We shall be relieved of all liability for obligations incurred to the Buyer
whenever, and to the extent to which, the fulfilment of such obligation is
prevented, frustrated or impeded in consequence of any statue, rules,
regulations, orders or requisitions issued by any government department,
council or other duly constituted authority or by reason of any strikes,
combination of workmen, lockouts, breakdown of plant, accident,
civil commotion, war, force majeure or any other cause
beyond our control.

All calls maybe monitored in order for us to continually train our staff. Any
abuse towards our staff will not be tolerated. If a monitored call contains
abusive language it will be kept for any future legal proceedings, if any.

16. LAW
These Conditions and the contract and all matters pertaining thereto
shall be governed by English law, and the English Courts shall have
jurisdiction in relation thereto.

This site and all contents are 2000-2017 Here & Now Distribution Ltd
Unit Q, Gunnels Wood Park, Gunnels Wood Road, Stevenage, Herts, SG1 2BH
   Telephone: 01438 723383
Skype: here_and_now3

Registered in England at the above address No.3996395 - VAT No: 750955709